U.S. DEPARTMENT OF TRANSPORTATION FEDERALAVIATIONADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.

In the Matter ofGeneHarrison. 2013EA700064 JudgeNotAssigned 

# RECEIVED DEC 03**201~** 

### HEARING DOCKET

COMPLAINANT'SMOTION TODISMISS RESPONDENT'S UNTIMELY APPEAL OR IN THEALTERNATIVE TOACCEPT COMPLAINT
COMES NOW, the Federal Aviation Administration, (hereinafter "Complainant"), by and through its designated representative, the Regional Counsel for the Eastern Region, and his duly designated and authorized agents and moves to dismiss Respondent's untimely appeal inthe above-captioned matter, pursuant to 49 C.P.R. §13.218(£)(2), as follows, or in the alternative, to accept Complainant's Complaint.

STATEMENT OF THE CASE
Complainant issued a Notice of Proposed Civil Penalty to Gene Harrison (herein after "Respondent") onMarch26, 2013. On September 18, 2014, Complainant issued anAmendedFinalNotice ofProposed Civil Penalty. Respondent received the Amended Final Notice ofProposed Civil Penalty on September22,2014. (Attachment 1).

On November 20, 2014, Respondent left a voicemail message for the undersigned Agency counsel, inquiring as to whether the Agency had received his appeal. On November 24, 2014, Agency counsel attempted to contact Respondent to no avail. On November 24, 2014, Agency counsel contacted the Hearing Docket and was advised that it received an appeal from Respondent

on October21,2014. (Attachment2).

STATEMENT OF THE ISSUE

Whether Respondent's Appeal should be dismissed as Untimely Filed.

ARGUMENT I. Respondent's Appeal Shouldbe Dismissed as Untimely Filed. In the Alternative, the Complainant's Complaint Should Be Accepted as Timely Filed.
14 CFR Subpart C, Legal Enforcement Actions, at Section 13.16(g)(2), requires the following ofa person charged with a violation pursuant to a Final Notice ofProposed Civil Penalty: "(2) Not later than 15 days after receipt ofthe final notice ofproposed civil penalty, the person chargedwith aviolation shall do one ofthe following- (i) Submit the amount ofthe proposed civil penalty or an agreed-upon amount, in which case either an order assessing civil penalty or a compromise order shall be issued inthat amount; or(ii) Request a hearing, in which case a complaint shall be filed with the hearing docket clerk. (14 CFR Section 13.16(g))." In addition, 14 CFR Section 13.16(h)provides: (h) Request for ahearii1g. Any person charged with aviolation may request ahearing, pursuant to paragraph (f)(3) or paragraph (g)(2)(ii) ofthis section, to be conducted in accordance with the procedures in subpart G of this part. A person requesting a hearing shall file a written request for a hearing with the hearing docket clerk, using the appropriate address set forth in §13.210(a) ofthis part, and shall mail a copy of the request to the agency attorney. The request for a hearing may be in the form ofa letter but must be dated and signed by the person requesting a hearing. The request for a hearing may be typewritten or may be legibly handwritten." (14 CFR Section 13.16(h)). In the instant matter Respondent did not serve the Agency's attorney with a copy ofthe written request for a hearing as required by 14 CFR 13.16(h). In addition, Respondent's appeal appears to be untimely in that it was received by the Hearing Docket on October 21, 2014. Specifically, to be timely, a written request for a hearing would have to have been made no later than 15 days from receipt ofthe Amended Final Notice ofProposed Civil Penalty. In this case, the Agency's Amended Final Notice ofProposed Civil Penalty was received by Respondent on September 22, 2014. Therefore, to be timely, a request for a hearing would have to be made no later than October 7, 2014. Although the request for a hearing bears the date of September 30, 2014, it is not known when it was mailed or by what method it was mailed. In any event, considering an additional five days pursuant to 14 CFR Section 13.211(e) for service by mail, and considering the requirements of 14 CFR Section 13.212(c) granting until the next business day when the last day ofa time period is a Saturday, Sunday, or a legal holiday, the request for a hearing would have to be received by October 14, 2014. Given that the request for a hearing

was not received by the Hearing Docket until October 21, 2014, it appears that is was not timely filed.WHEREFORE, Complainant respectfully requests that Respondent's request for a hearing be dismissed as untimely filed. In the alternative, Complainant requests that its Complaintbe accepted.

Respectfully submitted,

AlfredR. Johnson, Jr. Regional Counsel

By:

# ~*~-------- eamne C. Gotuner Attorney Federal AviationAdministration l AviationPlaza Jamaica, NY 11434 718 553-3272 Fax 718 995-5699CERTIFICATE OF SERVICE

I hereby certify that on this day copies of the foregoing Complainant's Motion to Dismiss Respondent's Untimely Appeal or in the Alternative to Accept Complaint was sent by Federal Express Mail addressed as follows; And viafacsimile: Federal AviationAdministration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur WrightBuilding- Room 2Wl000 (FAX) 202-366-7536 Mr. Gene Harrison 3705 Arctic Blvd., Apt. 543 Anchorage, AK99503

Date:

______ _

# ~.~**,L~~ ~~ooks**  Paralegal Specialist Federal AviationAdministration Office ofRegional Counsel I AviationPlaza Jamaica, NY 11434U.S. Department ofTransportation Federal Aviation Administration Eastern Region Regional Counsel Telephone: 718 553-3272 Facsimile: 718 995-5699 

### SEP 18 2U1lil CERTIFIED i.JrAIL- RETURNRECEIPT REQUESTED GeneHarrison Mr. Gene Harrison 3705 Arctic Blvd. Apt. 543 Anchorage, AK99503
DocketNo. 2013EA700064 1Aviation Plaza Jamaica, NY 11434

AMENDED FINALNOTICE OF PROPOSED CIVIL PENALTY TAKE NOTICE that on March 26, 2013, this office mailed to you a Notice of Proposed Civil Penalty. Thirty days have passed and we have not received a response from you. Based on the investigative report received by this office, it appears that you violated the Department of Transportation Hazardous Materials Regulations byreason ofthe following: 1. On or about November 17, 2012, you offered baggage ("the shipment") containing hazardous materials for transportation by air to Alaska Airlines. 2. You offered the shipment as checked baggage for air transportation aboard Alaska Airlines Flight 773, a passenger carrying flight from Washington-Regan International Airport, to Ted Stevens-Anchorage International Airport, Alaska. 3. The shipment bore no markings or labels to indicate that its contents includedhazardous material. 4. At all times herein, a Shipper's Certification or Declaration of Dangerous Goods did not accompany the shipment. 5. On or about November 17, 2012, Transportation Security Administration (TSA) officials discovered that the shipment contained hazardous materials.

### 6. Specifically, the shipment contained approximately (15) packages of Consumer fireworks as follows:
a. 1package ofTNT Crickets; b. 4packages ofTNT Mini Monster;
c. 1package ofTNT Killer Bee; d. 1TNT package containing 4 boxes ofAssorted Color Snakes;
e. 1package containing 5TNT Sparklers; f. 1TNT Large CaliforniaRocketFountain; g. 5twelve-piece packages ofCaliforniaBottle Rockets; and h. 1package containing 5 Sparklers. 7. The proper shipping name of the hazardous material referenced in allegation 6(a)-(c) herein is Fireworks. It 

### is in Hazard Class 1.4G, Packing Group II and has an assigned identificationnumber ofUN0336. 8. The proper shipping name of the hazardous material referenced in allegation 6(d) and 6(e) herein is Fireworks. It

### is in Hazard Class 1.4S, Packing Group II and has an assigned identificationnumber ofUN0337. 9. The hazardous material referenced in allegations 6(a)-(c) herein is forbidden onpassenger aircraft. 10.You offered the above-described shipment for transportation by air without shipping papers that included: (a) the proper shipping name prescribed for the hazardous material; (b) the hazard class prescribed for the hazardous material; and (c) the assigned identification number prescribed for the hazardous material. 11.You offered the above-described shipment of hazardous material for transportation by air when you failed: (a) certifY that the hazardous material therein was in accordance withthe HMR(49 CPR Sections 171 et seq) by printing the certification set forth in Section 172.204(a) or 172.204(c)(1) of the HMR [49 CPR Section 172.204(a) or Section 172.204(c)(1)]; (b) add the certification required 172.204(c)(3) ofthe HMR [49 CPR Section 172.204(c)(3)]; and (c) prepare the required certifications in duplicate.

212.You offered the above-described shipment ofhazardous materials for transportation by air when: (a) the outer container was not marked with the proper shipping name ofthe hazardous materials contained therein and (b) the outer container did notbear an "EXPLOSIVES 1.4" label as requiredby Section 172.400 ofthe HMR [ 49 CFR 172.400]. 13.You offered the shipment, part ofwhich is authorized on cargo aircraft only, for air transportation when you failed to ensure that the package bore a CARGO AIRCRAFT ONLY label specified in § 172.448 ofthe 

### HMR. 14.You did not make emergency response information including the emergency response telephone number available for use at all times the hazardous material was present. Byreason ofthe foregoing, you violated the following section(s) ofthe Department ofTransportation Hazardous Materials Regulations:

a. Section 171.2(a), which states that eachpersonwho performs a function covered by this subchapter must perform that function in accordance withthis subchapter. b. Section 171.2(b), which states that each person who otTers a hazardous material for transportation in commerce must comply with all applicable requirements of this subchapter, or an exemption, or special permit, approval, orregistration issued under this subchapter or under subchapter A ofthis chapter. There may be more than one offeror ofa shipment of hazardous materials. Each offeror is responsible for complying with the requirements of this subchapter, or an exemption, or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter, with respect to any pre-transportation function that it performs or is required to perform; however, each offeror is responsible only for the specific pre-transportation functions that it performs or is required to perform, and each offeror may rely on information provided by another offeror, unless that offeror knows or, a reasonable person, acting in the circumstances and exercising reasonable care, would have knowledgethatthe informationprovidedbythe other offeroris incorrect.

c. Section 171.2(e), which states that no person may offer or accept a hazardous material for transportation in commerce unless the hazardous material is properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable

3

### requirements of this subchapter or an exemption or special permit, approval, or registration issued under this subchapter or subchapter A of this chapter. d. Section 172.200(a), which states that, except as otherwise provided in this subpart, each person who offers a hazardous material for transportation shall describe the hazardous material on the shipping paper in the manner requiredbythis subpart.

e. Section 172.202(a)(l), which states that the shipping description of a hazardous material on the shipping paper must include the identification number prescribed for the material as shown in Column (4) of the §172.101 table. f. Section 172.202(a)(2), which states that the shipping description of a hazardous material on the shipping paper must include the proper shipping name prescribed for the material in Colunm (2) of the §172.101 table. g. Section 172.202(a)(3), which states that the shipping description of a hazardous material on the shipping paper must include the hazard class or division numberprescribed for the material, as shown in Column (3) ofthe §172.101 table. The subsidiary hazard class or division number is not required to be enteredwhen a corresponding subsidiary hazard label is not required. Except for combustible liquids, the subsidiary hazard class(es) or subsidiary division number(s) must be entered in parentheses immediately following the primary hazard class or division number. In addition-- (i) The words "Class" or "Division" may be included preceding the primary and subsidiary hazard class or division numbers. (ii) The hazard class need not be included for the entry "Combustible liquid, n.o.s." (iii) For domestic shipments, primary and subsidiary hazard class or division names may be entered following the numericalhazard class or division, or following the basic description.
h. Section 172.204 (a), which states that, except as provided inparagraphs (b) and (c) ofthis section, each person who offers a hazardous material for transportation shall certifY that the material is offered for transportation in accordance with this subchapter by printing (manually or mechanically) on the shipping paper containing the required shipping description the certification contained in paragraph (a)(l) ofthis section or the certification (declaration) containing the language contained in paragraph (a)(2) ofthis section.

41. Section 172.204(c)(3), which states that effective October 1, 2006, each person who offers a hazardous material for transportation by air must add to the certification required in this section the following statement: "I declare that all ofthe applicable air transport requirements have been met." (i) Eachperson who offers any package or overpack ofhazardous material for transport by air must ensure that: (A) The articles or substances are not prohibited for transport by air (see the §172.01 Table); (B) The articles or substances are properly classed, marked and labeled and otherwise in a condition for transport as required by this subchapter; (C) The articles or substances are packaged in accordance with all the applicable air transport requirements, including appropriate types ofpackaging that conform to the packing requirements and the "A" Special Provisions in §172.102; inner packaging a..Tl ma.ximum quantity per package limits; the compatibility requirements (see, for example, §173.24 ofthis subchapter); and requirements for closure for both inner and outer packagings, absorbent materials, and pressure differential in 

### §173.27 ofthis subchapter. Other requirements may also apply. For example, single packagings may be prohibited, inner packaging may need to be packed in intermediate packagings, and certain materials may be required to be transported in packagings meeting amore stringentperformance level.


### J. Section 172.300(a), which states that eachperson who offers a hazardous material for transportation shall mark eachpackage, freight container, and transport vehicle containing the hazRrdous material inthe marmerrequired bythis subpart. k. Section 172.301(a)(1), which states that, except as otherwise provided by this subchapter, each person who offers a hazardous material for transportation in a non-bulk packaging must mark the package with the proper shipping name and identification number (preceded by "UN" or "NA," as appropriate) for the material as shown in the §172.101 Table. Identification numbers are not required on packagings that contain only ORM-D materials or limited quantities marked in accordance with the marking requirements in §172.315.


### 1. Section 172.400(a), which states that except as specified in §172.400a, each person who offers for transportation or transports a hazardous material in any ofthe following packages or containment devices, shall label the package or containment device with labels specified for the

5material in the §172.101 Table and in this subpart. (1) A non-bulk package; (2) A bulk packaging, other than a cargo tank, portable tank, or tank car, with a volumetric capacity ofless than 18 m3 (640 cubic feet), unless placarded in accordance with subpartF ofthis part; (3) A portable tank of less than 3785 L (1000 gallons) capacity, unless placarded in accordance with subpart F ofthispart; ( 4) A DOT Specification 1 06 or 110 multi-unit tank car tank, unless placarded in accordance with subpart F ofthis part; and (5) An overpack, freight container or unit load device, ofless than 18m3 (640 cubic feet), which contains a package for which labels are required, unless placarded or marked in accordance with §172.512 ofthis part.

m. Section 172.402(c), which states that each person who offers for transportation or transports by aircraft a package containing a hazardous material which is authorized on cargo aircraft only shall label the package with a CARGO AIRCRAFT ONLY label specified in §172.448 ofthis subpart.

n. Section 172.600(c), which states that no person to whom this subpart applies may offer for transportation, accept for transportation, tra..r1sfer, store or otherwise handle during transportation a hazardous material unless: (1) Emergency response information conforming to this subpart is immediately available for use at all times the hazardous material is present; and (2) Emergency response information including the emergency response telephone number, required by this subpart is inlmediately available to any person who, as arepresentative ofaFederal, State or local government agency, responds to an incident involving a hazardous material, or is conducting an investigation which involves a hazardous material.

o. Section 173.1(b), which states that a shipment of hazardous materials that is not prepared in accordance with this subchapter may not be offered for transportation by air, highway, rail, or water. It is the responsibility of each hazmat employer subject to the requirements of this subchapter to ensure that each hazmat employee is trained in accordance with the requirements prescribed in this subchapter. Itis the duty ofeachperson who offers hazardous materials for transportation to instruct each of his officers, agents, and employees having any responsibility for preparing hazardous materials for shipment as to applicable regulations in this subchapter.

6

### p. Section 173.22(a)(l) & 

### (2), which states that except as otherwise provided in this part, a person may offer a hazardous material for transportation in a packaging or container required by this part only in accordance with the following: (1) 

### The person shall class and describe the hazardous material in accordance with part 172 and 173 of this subchapter, and (2) The person shall determine that the packaging or container is an authorized packaging or container is an authorized packaging, including part 173 requirements, and that it has been manufactured, assembled and marked in accordance with (i) Section 173.7(a) and parts 173, 178, or 179 of this subchapter; (ii) A specification ofthe Department in effect at the date ofmanufacture of the packaging and container; (iii) National or international regulations based on the UN Recommendations (IBR, see §171.7 ofthis subchapter ), as authorized in §173.24(d)(2); (iv) An approval issued under subchapter; or (v) An exemption or special permit issued under subchapterA ofthis chapter. q. Section 173.27(b)(4), which states that apackage containing a hazardous material which is authorized aboard cargo aircraft but not aboard passenger aircraft must be labeled with the CARGO AIRCRAFT ONLY label required by §172.402(c) ofthis subchapter and may not be offered for transportation or transported aboard passenger-carrying aircraft.

r. 

### Section 173.27(b)(l), which states that when Column 9a ofthe §172.101 Table indicates that a material is "Forbidden", that material may not be offered for transportation or transported aboard passenger-carrying aircraft.
In 

### accordance with §5123(a) ofChapter 51, Title 49 ofthe United States Code of Transportation, 49 U.S.C. §5123 you are liable for a civil penalty ofnot less than $450 for training violations, nor greater than $75,000 ($175,000 if death, serious illness, severe injury, or substantial property damage results), for each violation of the regulations. After reviewing our investigative file, we propose to assess a civil penalty in the amount of$1,000 for theseviolations. Unless you mail or personally deliver, in writing, your request for a hearing in this matter, on or before fifteen (15) days after you receive this Final Notice, we will issue an Order Assessing Civil Penalty and you will have no further right to a hearing. Ifyou do not submit a written request for a hearing, you must pay the proposed civilpenalty.

7Your request for a hearing must be sent to the Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, S.W., Washington, D.C. 20591, Attention: Hearing Docket Clerk, AGC-430, Wilbur Wright Building, Room 2014 and a copy must be sent to the undersigned FAA attorney. Your request must be dated and signed, in accordance with Section 13.16 of the Federal Aviation Regulations, sentto youwiththe Notice ofProposed Civil Penalty (14 C.F.R. 13.16). You may pay the proposed penalty by submitting a certified check or money order payableto the "Federal Aviation Administration", to theundersigned. In the alternative, you may pay your civil penalty with a credit card over the Internet. To pay electronically, visit the web site at http://www.pay.gov and enter the term 'FAA" in the search bar labeled "Search Public Forms" located on the left hand side ofthe screen. After following the link, click on "FAA Civil Penalties-FAA Eastern Region." You must then enter the abovelisted "Docket Number" under the "Civil Penalties Case Number" and you must then complete the remainder of the requested information. Once you have submitted the requested information you will be taken to a page which allows you to either pay by electronic transfer, or by credit card. Fill in the requested information in one of these two sections, and submit to complete yourpayment. · Alfred R. Johnson, Jr. Regional Counsel

By: Jeanine C. Gotimer Attorney Enclosure (I) Option SelectionForm

cc:AEA-700

8Regional Counsel for the Eastern Region Date Federal Aviation Administration 1Aviation Plaza Jamaica, NY 11434 Gene Harrison- 2013EA700064 Subject Final Notice ofProposed Civil Penaltv Response Attachment In reply to your Final Notice ofProposed Civil Penalty, I elect to proceed as indicated by my check mark beside the numbered paragraph below: 1. U I hereby submit the amount ofthe proposed civil penalty with the understanding that an Order Assessing Civil Penalty will be issued inthat amount. 2. U I hereby request a fonnal hearing in accordance with Section 13.16 ofthe Federal Aviation Regulations. By sending this form to the Federal Aviation Administration, Eastern**Region~** I also hereby certify that a copy ofthis form has been filed with the Hearing Docket Clerk(Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, S.W., Room 924A, Washington, DC 20591, Attention: HearingDocket Clerk). ** Please note that youwill not be entitled to a hearing ifyou file this form with the Federal Aviation Administration Eastern Region. WITHOUT having filed this form or a written request for ahearing withthe HEARING DOCKET CLERK. MY ATTORNEY/REPRESENTATIVE Signature Name: Address: Firm: Home Phone No. Address: c-------- Business Phone**N~o-.**---- Phone No.

_______ _

PRIVACYACTNOTICE This notice is provided in accordance with Section (e)(3) of the Privacy Act, 5 U.S.C. §552a(e)(3), and concerns the information requested in the letter or form with which this Notice is enclosed. A Authority. This infonnation is solicited pursuant to 49 U.S.C.llOl**~~.,and** regulations issued thereunder codified in Part 13 ofTitle 14 ofthe Code ofFederal Regulations. Submission ofthe telephone number is voluntary. The request for information is intended to provide you with an opportunity to participate in the investigation. B. Principal Purnose. The requested information is intended to assist us in contacting you regarding this enforcement case. C. Routine Uses. Records from this system ofrecords may be disclosed in accordance with the routine uses as they appear in System ofRecords No. DOTIF AA 847 as published from time to time in the Federal Register. D. Effect ofFailure to Resnond. Ifyou do not provide the requested infonnation, there may be delay in contacting you regardingthis enforcement case.11. Complete·items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. lllil Print your name and address on the reverse sothat we can return the card to you. 11 Attach this card to -the back ofthe mailpiece, or on the front if**spac~·** permits.
- X B. R8ceived by r**M1At·MN~o>el** .:·-::""'-'- D. I li address differentfrom [tem**t?-~**

## lf~iosd:~~:rre;r;.~~i3[

2. 7013 1090 0002 2781 6609 

### SEP 18 ZOH PS Form 3811. February 2004 Domestic Return Receipt 102595·02·M·1540 

# I

-- '' c; 

# I iij**~**



## •**~** j 

# I 5 0 

### =**~** I**~ ~**  

### . o._ ' LLJ ' <J:l ' 

# I 

# I 

# I

' m**o~ o~**  

# I! 0 mTI mTI**~ ~·**  u..E: TI**l~** 

# jJ m**~** gi**~** " IE**~c** 

# i 0 E2!**-g~** ' .am 

# £4**~g ~-g** 

!". a: !:I:!- 6099 '[11<'.2 2000 060'I ETDLUSPS.com®- USPS TrackingTM

English Customer Service USPS Mobile 

# i£11USPS.COM'

Quick Tools Mail & Ship 

# USPS Tracking TM

Tracking Number: 70131090000227816609

Updated Delivery Day: Monday, September 22, 2014 

## Product & Tracking Information
Postal Product:**Septemrrer~2,** 2014 ,--7,•<>------ am Features: Certified Mail TM

Delivered Page 1 of2

Track & Manage Posta! Store B



# Av:

Retur

ANCHORAGE, AK 99503

Your item was delivered at 7:38am on September 22, 2014 in ANCHORAGE, AK 99503. September 22, 2014, 7:05 Sorting Complete ANCHORAGE, AK 99503 am :-i September 22, 2014, 6:12 am Arrived at Unit ANCHORAGE, AK 99503 September 21,2014, 10:13 Departed USPS Facility ANCHORAGE, AK 99530 pm September 20, 2014 , 8:21 pm Arrived at USPS Facility ANCHORAGE, AK 99530 September 18, 2014 , 11:55 pm Departed USPS Facility NEWYORK, NY 10199

https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=... 11/25/2014USPS.com®- USPS TrackingTM

September 18,2014,9:00 pm Tracking (or receipt) number

HELPFUL LINKS Contact Us Site. Index. FAQs Arrived at USPS Facility

ON ABOUT.USPS.COM About USPS Home Newsroom USPS Service Updates Forms & Publications Government Services Careers
Copyright© 2014 USPS. All Rights Reserved. Page 2 of2

NEWYORK, NY 10199 

# Trc:

Track It

OTHER USPS SITES Business Customer Gateway Postal Inspectors Inspector General Postal Explorer National Postal Museum Resources for Developers

https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=.

.. 11/25/2014Gotimer, Jeanine (FAA) From: Jefferson, Sharice (FAA) Sent: To: Tuesday, November 25, 2014 1:02 PM Gotimer, Jeanine (FAA) Subject: Re: Gene Harrison, FDMS: 2014-0860 Attachments: Request for Hearing.pdf; Request for Hearing 2.pdf Greetings Jeanine, As requested. Bothdocuments were received inthe Hearing Docket on Oct. 21,2014. Sharice Jefferson Hearing Docket Clerk Adjudication Branch, AGC-430 Federal Aviation Administration 800 Independence Avenue, SW Wilbur Wright Bldg, Room 2W1000 Washington, DC 20591 (T) 202-267-0377; (F) 202-493-5142 Sharice,jefferson(iilfaa.gov

1

# ~ 

# :r: rn 

## C) 

# > ::D a 

# L 7 K"':il- ""- 

# _, {;) f"'c::<i ,....""'"' 

### 0 

## ""' 

# OR <::;> ':j;l! 

## 0'4;;:;: 

# s- rn -l 

# a l AviationPlaza Jamnica, 1'-iY l-1434 GeneHarrison· 2013EA700064 Subject FinalNoticeofPmposed CivilPenalty ResponseAttachment ln reply to your Final Notice of Proposed Civil Penalty, I e[ect to procee:d as indicate(] by my check mark beside the numbered paragraphbelow: · I hereby subtnitthe amount oftrieproposed civil penalty withthe understandingthat an OrderAssessing Civll-Pena\tywm be issued inthat atnount. Ihereby request-aformal hearing In accordance with Section 13.16ofthe Federal Aviation Regulations. By sending this form to the Federal Aviation Administration, Eastern Region, I als.o hereby certify tlut.t .a copy ofthis form has been filed with the Hearing Docket Clerk(llearlng Docket, Federal Aviation AdrninistraUun, 800**Jr~dcpendence** Avenue, S.W.• Room 924A, Washington, lJC20591,**Atteu.ti<~n~ H~aring** DocketCluk).

Name: Firm:**Address:--~----­** PhoneNn.

--------

PRIVACYACTNOTICE This notice is provided in accordanx with Section (e)(3) ofthe Privacy Act, 5 TJ.S.C. §552a(e)(3), and concerns the infonnation requested in the letter orform with \-.,·hichthisNotice-is enclosed,



# :D n1 

# 0**-~~** 

### IH**""~"~** 

# <::**~,** 

# rn 0 A.

B.
c. D. Authoritv, This infonnation is soHcited pursuant to 49 U.S.C.llOl. }<t gg., and regulations issued thereunder codified in Part 13 ofTitle 14 ofthe Code of Federal Regulations. Submission of the telephone number is voluntary. The request for information is intended to provide you with an opportunity 10 parti-cipate in the investigation. Princioo! Pumose. The requested information is intended to assist us in contacting you regarding this· enforcementcase. Routine Uses. Records from this system ofrecords may be disclosed in accordance with the routine uses as they appear inSystem ofRecords No, DOT/FAA 847 aspublished from timetotime in the Federal Recister.]u.vte-11, 1.962
Cel®ratutg;-t'he,L{.{t!>of CtM"'(m<**waUamil'!a.r~** Sr.

## ~ 14oowrialr.2:00

### pm600**~·** Stveet' Move.m:her7, 201.2:

Northwe.>t,**w~vc** 2001.1. Vr. L. V.**W~ P~or,** **Offic«;tt'~** VevM-wPrMperr.ty Wovmtp**C~**



# .

# ,~Yti U)

# ~ ..

# f\1MW&--

# &j_711! h&-

# vff~ 

# cT·

...**~**

# rD 

# f\JOf 

# Do tlf6 !JNftf!:}!)tfl 

# ·

5- WfD 

# noT**1~Yf'11** 

# 7J )('Jrfr}t

# fll(f~~

# Q_y :c m 

# 0 > ·"""!""'' JJ -C..') 

# -- t(""""J "'/' c.....,) £-



## __c __(i)**~-:)**



### 0 

## ,..,, () 

# = 

# 0 C) 

### :z:**.,_,.,~,. ~**  ,,;.,.., 

### rn E)· 

# ,._, 

# C> Regional Counsel for the EasternRegion Date 

## ;J; 1

# /Jc.

. /;.

'/4 Federal AviationAdministration /' ( 1AviationPlaza Jamaica,NY 1-NYI-**-~·--** -- Gene Harrison-2013EA700064 -Subject: FinalNotice ofProposed Civil Penalty Response Attachment In reply to your Final Notice af Proposed Civil Penalty, I elect to proceed as lndicatcd by my check mark beside the numbered paragraph below: t.U 

# 2f I hereby submitthe amotmt ofthe proposed civil penalty withthe understanding that an Order Assessing Civil Penalty wiU be issued in lhat amount. I hereby request aformal hearing in accordancewith Section 13.16 ofthe Federal AviationRegulatkms. By sendi11g this furm to the Federal Aviation Administration, Eastern Region, I also hereby certifythat a copy ofthis form has been filed with. the HearingDocket Clerk (HearingDocket, Federal Aviation Administmtion, 800 Independence Avenue, S.W., Room 924A, Washington, DC20591, Attention:HearingDocketClerk). **Please note thatyou will notbe entitled to ahearingjfvoufile this funn with theFederal Aviatio11Administrat1on. Eastern Region 'r THOliT avin fil this form r awrittenregucstfor a hearing with theHEARING DOCKET CLERK, -·--MY ATTORNE¥/REPRif..SENTATIVE

Name: Finn: Address:

_____ _ PhoneNo-.::::::::::::

_____ _

PRIVACYACTNOTICE Tb.is notice is. provided in accordance with Section (e)(3) ofthe Privacy Act, 5 U.S.C. §552a(c)(3), and concerns the information requested in theletterorform withwhichthis Noticeis enclosed. 

# :n m I"") 

## 'zt..· 

# =r·

-i-·**--~**

i'l

. =otc"'



## """'**<~**

## ..**~--~··"W ~** **~ ~**  

# r=:**·-~'.!.~;;:..~** A.

B.
c
D. Autboritv. This information is solicited pursuant to 49 U.S.C.ll01**~ ~-.**  and regulations issued thereunder codified in Part-13 ofTitle 14 ofthe Code ofFederal Regulations. Submission ofthe telephone number is voiuntazy. The request for information is intended to provide you with an opportunity to participate in**t~e** inve::.'tigation. Principal Purnose. The requested information is intended to assist us in contacting you regarding this enforcementcase. Routine Uses,_ Records

__ftom__thiurs1@

__gfrecords mas !Je_**d~Ql.QS.kd** in**aC:G.Of.~<ill.Qe_wi_tb,**the**routiJJ~.** us.es_&S

_____ they appearin System ofRecords No. DOT/FAA 847as published from time to time in theFederal Registec**S~-** ]UI'U?/11, 1962 Novemhow 7, 2012

------ - -- -----**~~Wi** Z:Vap>w-
-----**Sew~J-le.l..iat-tt.::J>"txm}l'f~@Sew.~** 600**K~** Strut**Northw~ W~:DC**  20011 DY'. L D.**W~** Pa->t;or,**O~wtg-;** VevilwPYo-s])BYcty Worih<;p**C~**

# ,~ r;j)( /Vi

# /}?ii/V

< I

. 

# 7fl;11 

# J/1 

# ;;:r U/A5**frfwu{1~~/)!fl**rzf:J1 

# 112

. !J ;; tV Mt- 

# v/tfJJ**!~IT ~_5**  

# 7fll)ti!tl lly{/J{r-5.